There is much to say about the Supreme Court's decision in Kennedy v. Braidwood Management, Inc. The majority opinion by Justice Kavanaugh and the dissent by Justice Thomas disagree on just about every point. But one area where there is substantial agreement concerns the line between an "Officer of the United States" and a mere employee. Indeed, I think the majority and dissent state this issue with more clarity than in previous cases.
Justice Kavanaugh's majority opinion explains:
The Appointments Clause in Article II of the Constitution specifies how "Officers of the United States," as distinct from employees, must be appointed. §2, cl. 2.
